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REPUBLIC ACT NO. 9165 f) Confirmatory Test.

– An analytical test using a


device, tool or equipment with a different chemical
AN ACT INSTITUTING THE COMPREHENSIVE or physical principle that is more specific which will
DANGEROUS DRUGS ACT OF 2002, validate and confirm the result of the screening test.
REPEALING REPUBLIC ACT NO. 6425, g) Controlled Delivery. – The investigative
OTHERWISE KNOWN AS THE DANGEROUS technique of allowing an unlawful or suspect
DRUGS ACT OF 1972, AS AMENDED, consignment of any dangerous drug and/or
PROVIDING FUNDS THEREFOR, AND FOR controlled precursor and essential chemical.
OTHER PURPOSES
h) Controlled Precursors and Essential
Chemicals. – Include those listed in Tables I and II
of the 1988 UN Convention Against Illicit Traffic in
SECTION. 1. Short Title
Narcotic Drugs and Psychotropic Substances as
This Act shall be known and cited as the enumerated in the attached annex, which is an
“Comprehensive Dangerous Drugs Act of 2002”. integral part of this Act.

SECTION 2. Declaration of Policy i) Cultivate or Culture. – Any act of knowingly


planting, growing, raising, or permitting the planting,
It is the policy of the State to safeguard the integrity growing or raising of any plant which is the source
of its territory and the well-being of its citizenry of a dangerous drug.
particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well- j) Dangerous Drugs. – Include those listed in the
being, and to defend the same against acts or Schedules annexed to the 1961 Single Convention
omissions detrimental to their development and on Narcotic Drugs, as amended by the 1972
preservation rehabilitation. Protocol, and in the Schedules annexed to the
1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex
ARTICLE I DEFINITION OF TERMS which is an integral part of this Act.

SECTION 3. Definitions k) Deliver. – Any act of knowingly passing a


dangerous drug to another, personally or otherwise,
As used in this Act, the following terms shall mean: and by any means, with or without consideration.
a) Administer. – Any act of introducing any l) Den, Dive or Resort. – A place where any
dangerous drug into the body of any person, with or dangerous drug and/or controlled precursor and
without his/her knowledge, by injection, inhalation, essential chemical is administered, delivered,
ingestion or other means, or of committing any act stored for illegal purposes, distributed, sold or used
of indispensable assistance to a person in any form.
b) Board. – Refers to the Dangerous Drugs Board m) Dispense. – Any act of giving away, selling or
under Section 77, Article IX of this Act. distributing medicine or any dangerous drug with or
without the use of prescription.
c) Centers. – Any of the treatment and
rehabilitation centers for drug dependents referred n) Drug Dependence. – As based on the World
to in Section 75, Article VIII of this Act. Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena
d) Chemical Diversion. – The sale, distribution,
of variable intensity, in which the use of
supply or transport of legitimately imported, in-
psychoactive drug takes on a high priority.
transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, o) Drug Syndicate. – Any organized group of two
mixtures or in concentrated form. (2) or more persons forming or joining together with
the intention of committing any offense prescribed
e) Clandestine Laboratory. – Any facility used for
under this Act.
the illegal manufacture of any dangerous drug
and/or controlled precursor and essential chemical.
–3
p) Employee of Den, Dive or Resort. – The z) Opium Poppy. – Refers to any part of the plant
caretaker, helper, watchman, lookout, and other of the species Papaver somniferum L., Papaver
persons working in the den, dive or resort, setigerum DC, Papaver orientale, Papaver
employed by the maintainer. bracteatum and Papaver rhoeas, which includes
the seeds,.
q) Financier. – Any person who pays for, raises or
supplies money for, or underwrites any of the illegal aa) PDEA. – Refers to the Philippine Drug
activities prescribed under this Act. Enforcement Agency under Section 82, Article IX of
this Act.
r) Illegal Trafficking. – The illegal cultivation,
culture, delivery, administration, dispensation, bb) Person. - Any entity, natural or juridical,
manufacture, sale, trading, transportation, including among others, a corporation, partnership,
distribution, importation, exportation and trust or estate, joint stock company, association,
possession of any dangerous drug and/or syndicate, joint venture or other unincorporated
controlled precursor and essential chemical. organization or group capable of acquiring rights or
entering into obligations. - 6 –
s) Instrument. – Any thing that is used in or
intended to be used in any manner in the cc) Planting of Evidence. – The willful act by any
commission of illegal drug trafficking or related person of maliciously and surreptitiously inserting,
offenses. placing, adding or attaching directly or indirectly,
through any overt or covert act.
t) Laboratory Equipment. – The paraphernalia,
apparatus, materials or appliances when used, dd) Practitioner. – Any person who is a licensed
intended for use or designed for use in the physician, dentist, chemist, medical technologist,
manufacture of any dangerous drug. nurse, midwife, veterinarian or pharmacist in the
Philippines.
u) Manufacture. – The production, preparation,
compounding or processing of any dangerous drug ee) Protector/Coddler. – Any person who
and/or controlled precursor and essential chemical, knowingly and willfully consents to the unlawful acts
either directly or indirectly or by extraction from provided for in this Act and uses his/her influence,
substances of natural origin power or position in shielding,.
v) Cannabis or commonly known as ff) Pusher. – Any person who sells, trades,
“Marijuana” or “Indian Hemp” or by its any administers, dispenses, delivers or gives away to
other name. – Embraces every kind, class, genus, another, on any terms whatsoever, or distributes,
or specie of the plant Cannabis sativa L. including, dispatches in transit or transports dangerous drugs
but not limited to, Cannabis americana, hashish, or who acts as a broker in any of such transactions,
bhang, guaza, churrus and ganjab. in violation of this Act.
w) Methylenedioxymethamphetamine (MDMA) gg) School. – Any educational institution, private or
or commonly known as “Ecstasy”, or by its any public, undertaking educational operation for
other name. – Refers to the drug having such pupils/students pursuing certain studies at defined
chemical composition, including any of its isomers levels, receiving instructions from teachers, usually
or derivatives in any form. located in a building or a group of buildings in a
particular physical or cyber site.
x) Methamphetamine Hydrochloride or
commonly known as “Shabu”, “Ice”, “Meth”, or hh) Screening Test. – A rapid test performed to
by its any other name. – Refers to the drug having establish potential/presumptive positive result.
such chemical composition, including any of its
ii) Sell. – Any act of giving away any dangerous
isomers or derivatives in any form.
drug and/or controlled precursor and essential
y) Opium. – Refers to the coagulated juice of the chemical whether for money or any other
opium poppy (Papaver somniferum L.) and consideration.
embraces every kind, class and character of opium,
jj) Trading. – Transactions involving the illegal
whether crude or prepared.
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals. kk) Use. – Any SECTION 6. Maintenance of a Den, Dive or
act of injecting, intravenously or intramuscularly, of Resort
consuming, either by chewing, smoking, sniffing,
The penalty of life imprisonment to death and a fine
eating, swallowing, drinking or otherwise
ranging from Five hundred - 9 - thousand pesos
introducing into the physiological system of the
(P500,000.00) to Ten million pesos
body, any of the dangerous drugs.
(P10,000,000.00) shall be imposed upon any
person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is
ARTICLE II UNLAWFUL ACTS AND PENALTIES
used or sold in any form. The penalty of
SECTION 4. Importation of Dangerous Drugs imprisonment ranging from twelve (12) years and
and/or Controlled Precursors and Essential one (1) day to twenty (20) years and a fine ranging
Chemicals from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00)
– The penalty of life imprisonment to death and a shall be imposed upon any person or group of
fine ranging from Five hundred thousand pesos persons who shall maintain a den, dive, or resort
(P500,000.00) to Ten million pesos where any controlled precursor and essential
(P10,000,000.00) shall be imposed upon any chemical is used or sold in any form
person, who, unless authorized by law, shall import
or bring into the Philippines any dangerous drug, SECTION 7. Employees and Visitors of a Den,
regardless of the quantity and purity involved, Dive or Resort
including any and all species of opium poppy or any
The penalty of imprisonment ranging from twelve
part thereof or substances derived there from even
(12) years and one (1) day to twenty (20) years and
for floral, decorative and culinary purposes.
a fine ranging from One hundred thousand pesos
The penalty of imprisonment ranging from twelve (P100,000.00) to Five hundred thousand pesos
(12) years and one (1) day to twenty (20) years and (P500,000.00) shall be imposed upon: - 10 - a) Any
a fine ranging from One hundred thousand pesos employee of a den, dive or resort, who is aware of
(P100,000.00) to Five hundred thousand pesos the nature of the place as such; and b) Any person
(P500,000.00) shall be imposed upon any person, who, not being included in the provisions of the
who, unless authorized by law, shall import any next preceding paragraph, is aware of the nature of
controlled precursor and essential chemical. the place as such and shall knowingly visit the
same.
SECTION 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and SECTION. 8. Manufacture of Dangerous Drugs
Transportation of Dangerous Drugs and/or and/or Controlled Precursors and Essential
Controlled Precursors and Essential Chemicals Chemicals

The penalty of life imprisonment to death and a The penalty of life imprisonment to death and a fine
fine ranging from Five - 8 - hundred thousand ranging P500,000.00 to P10,000,000.00 shall be
pesos (P500,000.00) to Ten million pesos imposed upon any person, who, unless authorized
(P10,000,000.00) shall be imposed upon any by law, shall engage in the manufacture of any
person, who, unless authorized by law, shall sell, dangerous drug.
trade, administer, dispense, deliver, give away to
The penalty of imprisonment ranging from 12 years
another, distribute, dispatch in transit or transport
and 1 day to 20 years and fine ranging from
any dangerous drug, including any and all species
P100,000.00 to P500,000.00 shall be imposed
of opium poppy regardless of the quantity and
upon any person, who, unless authorized by law,
purity involved, or shall act as a broker in any of
shall manufacture any controlled precursor and
such transactions. The penalty of imprisonment
essential chemical.
ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be
imposed upon any person
The penalty of 12 years and 1 day to twenty 20 6) 10 grams or more of marijuana resin or
years of imprisonment and a fine ranging from marijuana resin
P100,000.00 to P500,000.00 shall be imposed oil
upon any person, who acts as a protector/coddler 7) 500 grams or more of marijuana
of any violator of the provisions under this Section. 8) 10 grams or more of other dangerous drugs such
SECTION. 9. Illegal Chemical Diversion of as, but not limited to,
Controlled Precursors and Essential Chemicals methylenedioxymethamphetamine (MDMA) or
“ecstasy”, paramethoxyamphetamine (PMA),
The penalty of imprisonment ranging from 12 years trimethoxyamphetamine (TMA), lysergic acid
and day to 20 years and a fine ranging from diethylamine (LSD), gamma hydroxybutyrate
P100,000.00 to P500,000.00 shall be imposed
(GHB), and those similarly designed or newly
upon any person, who, unless authorized by law,
introduced drugs and their derivatives, without
shall illegally divert any controlled precursor and
having any therapeutic value or if the quantity
essential chemical.
possessed is far beyond therapeutic requirements.
SECTION 10. Manufacture or Delivery of
Equipment, Instrument, Apparatus, and Other Otherwise, if the quantity involved is less than the
Paraphernalia for Dangerous Drugs and/or foregoing quantities, the penalties shall be
Controlled Precursors and Essential Chemicals. graduated as follows:
The penalty of imprisonment ranging from 12 years
and 1 day to 20 years and a fine ranging from 1) Life imprisonment and a fine ranging from
P100,000.00 to P500,000.00 shall be imposed P400,000.00 to P500,000.00, if the quantity
upon any person who shall deliver, possess with of methamphetamine hydrochloride or
intent to deliver, or manufacture with intent to “shabu” is 10 grams or more but less than
deliver equipment, instrument, apparatus and other 50 grams.
paraphernalia for dangerous drugs. 2) Imprisonment of 20 years and 1 day to life
The penalty of imprisonment ranging from 6 months imprisonment and a fine ranging from
and 1 day to four 4 years and a fine ranging from P400,000.00 to P500,000.00, if the
P10,000.00 to P50,000.00 shall be imposed if it will quantities of dangerous drugs are 5 grams
be used to inject, ingest, inhale or otherwise or more but less than 10 grams of opium,
introduce into the human body a dangerous drug in morphine, heroin, cocaine or cocaine
violation of this Act. hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride
or “shabu”, or other dangerous drugs.
SECTION. 11. Possession of Dangerous Drugs 3) Imprisonment of 12 years and 1 fay to 20
years and a fine ranging from P300,000.00
The penalty of life imprisonment to death and a fine
to P400,000.00, if the quantities of
ranging from P500,000.00 to P10,000,000.00 shall
dangerous drugs are less than 5 grams of
be imposed upon any person, who, unless
opium, morphine, heroin, cocaine or
authorized by law, shall possess any dangerous
cocaine hydrochloride, marijuana resin or
drug in the following quantities, regardless of the
marijuana resin oil, methamphetamine
degree of purity thereof:
hydrochloride or “shabu”, or other
dangerous drugs.
1) 10 grams or more of opium
2) 10 grams or more of morphine
SECTION. 12. Possession of Equipment,
3) 10 grams or more of heroin
Instrument, Apparatus and Other Paraphernalia
4) 10 grams or more of cocaine or cocaine
for Dangerous Drugs
hydrochloride
5) 50 grams or more of methamphetamine
The penalty of imprisonment ranging from 6 months
hydrochloride or “shabu”
and 1 day to 4 years and a fine ranging from
P10,000.00 to P50,000.00 shall be imposed upon For the person who acts as the financier:
any person, who, unless authorized by law, shall
 Penalty: 12 years and 1 day – 20 years of
possess or have under his/her control any
imprisonment
equipment, instrument, apparatus and other
 Fine: 100,000 to 500,000 pesos
paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or SECTION 17. Maintenance and Keeping of
introducing any dangerous drug into the body. Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
SEC. 13. Possession of Dangerous Drugs Essential Chemicals
During Parties, Social Gatherings or Meetings  Penalty: 1 year and 1 day – 6 years
 Fine: 10,000 to 50,000 pesos
Any person found possessing any dangerous drug
during a party, or at a social gathering or meeting, Shall be imposed upon any practitioner or of the
or in the proximate company of at least 2 persons, business in case of a manufacturer, wholesaler,
shall suffer the maximum penalties provided for in importer, distributor, dealer or retailer
Section 11 of this Act, regardless of the quantity SECTION 18. Unnecessary Prescription of
and purity of the dangerous drugs. Dangerous Drugs

SECTION 14. Possession of Equipment,  Penalty: 12 years and 1 day – 20 years


Instrument, Apparatus and Other Paraphernalia  Fine: 100,000 – 500,000 pesos
for Dangerous Drugs During Parties, Social  And revocation of his/her license
Gatherings or Meetings SECTION 19. Unlawful Prescription of
Dangerous Drugs
This Act shall be imposed upon any person, who
shall possess or have under his/her control any  Penalty: life imprisonment to death
equipment, instrument, apparatus and other  Fine: 500,000 to 10,000,000 pesos
paraphernalia fit or intended for smoking, Shall be imposed upon any person, who, unless
consuming, administering, injecting, ingesting, or authorized by law, shall make or issue prescription
introducing any dangerous drug into the body, for any dangerous drug.
during parties, social gatherings or meetings, or in
SECTION 20. Confiscation and Forfeiture of the
the proximate company of at least 2 persons.
Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived
SECTION 15. Use of Dangerous Drugs
from the Illegal Trafficking of Dangerous Drugs
A person who is arrested found to be positive for and or Precursors and Essential Chemicals
use of any dangerous drug after a confirmatory test
 All paraphernalia for dangerous drugs
shall be penalized of a minimum:
including laboratory equipment shall carry
 1st offense: 6 months rehabilitation in a with it the confiscation and forfeiture.
government facility  All the assets and properties of the
 2nd offense: 6 years and 1 day – 12 years accused either owned or held of the person
 Fine: 50,000 to 200,000 pesos found to be manifestly out of proportion to
their lawful income.
SECTION 16. Cultivation or Culture of Plants  All the proceeds of any sale or properties
Classified as Dangerous Drugs or are Sources confiscated shall be used to pay all proper
Thereof expenses incurred in the proceedings for
 Penalty: life imprisonment to death the confiscation, forfeiture, custody and
maintenance.
 Fine: 500,000 to 10,000,000 pesos
 The proceeds in excess shall be used in its
Shall be imposed upon any person who plant, campaign against illegal drugs
cultivate or culture marijuana, opium poppy and etc.
SECTION 21. Custody and Disposition of Any person charged under any provision of this Act
Confiscated, Seized; and or Surrendered regardless of the imposable penalty shall not be
Dangerous Drugs, Plant Sources of Dangerous allowed to avail of the provision on plea-bargaining.
Drugs, Controlled Precursors, and Essential
SECTION 24. Non-Applicability of the Probation
Chemicals, Instruments or Paraphernalia and or
Law for Drug Traffickers and Pushers
Laboratory Equipment
- Any person convicted for drug trafficking or
 PDEA (Philippine Drug Enforcement Agency)
pushing under this Act
shall take charge and have custody of all
- Probation Law or Presidential Decree No. 968
dangerous drugs, chemicals, paraphernalia,
laboratory equipment so confiscated or SECTION 25. Qualifying Aggravating
surrendered for proper disposition in the Circumstances in the Commission of a Crime
manner: by an Offender under the Influence of
 The apprehending team having initial Dangerous Drugs
custody of all the drugs shall have an
inventory and photograph in the - Notwithstanding the provisions of any law to
presence of the accused and shall be the contrary
signed by the: - Revised Penal Code shall be applicable.
 Representative or council SECTION 26. Attempt or Conspiracy. unlawful
 Representative from acts shall be penalized by the same penalty
Department of Justice prescribed for the commission of the same as
 Any elected public official provided under this Act:
 Within 24 hours upon confiscation the
dangerous drugs, paraphernalia, a) Importation of any dangerous drug and/or
laboratory equipment shall be submitted controlled precursor and essential chemical;
to the PDEA Forensic Laboratory for a b) Sale, trading, administration, dispensation,
qualitative and quantitative examination. delivery, distribution and transportation of any
 A certification of the Forensic Laboratory dangerous drug and/or controlled precursor and
examination results which shall be done essential chemical;
under the oath by the Forensic
Laboratory examiner. Shall be issued c) Maintenance of a den, dive or resort where any
within 24 hours after the receipt of the dangerous drug is used in any form;
subject items.
d) Manufacture of any dangerous drug and/or
 After filing the criminal case the court
controlled precursor and essential chemical; and
shall, within 72 hours conduct ocular
inspection. And PDEA within 24 hours e) Cultivation or culture of plants which are sources
will proceed to the destruction or burning of dangerous drugs.
in the presence of the accused, council,
representative from media, SECTION 27. Criminal Liability of a Public
representative from DOJ, civil society Officer or Employee for Misappropriation,
groups and elected public official. Misapplication or Failure to Account for the
Confiscated, Seized or Surrendered Dangerous
 The board shall issue a sworn
Drugs, Plant Sources of Dangerous Drugs,
certification as to the fact of destruction.
Controlled Precursors and Essential Chemicals,
SECTION 22. Grant of Compensation, Reward Instruments/Paraphernalia and/or Laboratory
and Award Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
The Board shall recommend to the concerned Committed
government agency the a\grant of compensation,
reward and award to any person The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
SECTION 23. Plea-Bargaining Provision (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual That the following conditions concur:
disqualification from any public office
1. The information and testimony are necessary for
SECTION 28. Criminal Liability of Government the conviction of the persons described above
Officials and Employees
2. Such information and testimony are not yet in the
The maximum penalties of the unlawful acts possession of the State
provided for in this Act shall be imposed
3. Such information and testimony can be
SECTION 29. Criminal liability for planting the corroborated on its material points
evidence
4. The informant or witness has not been previously
ANY PERSON WHO IS FOUND GUILTY OF convicted of a crime involving moral turpitude,
“PLANTING” ANY DANGEROUS DRUG, SHALL except when there is no other direct evidence
SUFFER FOR THE PENALTY OF DEATH. available for the State other than the information
and testimony of said informant or witness
5. The informant or witness shall strictly and
SECTION 30. Criminal Liability of Officers of
faithfully comply without delay, any condition or
Partnerships, Corporations, Associations or
undertaking, reduced into.
Other Juridical Entities
SECTION 34. Termination of the Grant of
In case any violation of this Act is committed by a
Immunity
partnership or any juridical entity, the officer who
consents to or knowingly tolerates such violation The immunity granted to the informant or witness,
shall be held criminally liable as a co-principal. as prescribed in Section 33 of this Act, shall not
attach should it turn out subsequently that the
SECTION 31. Additional Penalty if Offender is
information and/or testimony is false, malicious or
an Alien
made only for the purpose of harassing, molesting
Any alien who violates such provisions of this Act or in any way prejudicing the persons described in
shall, after service of sentence, be deported the preceding Section against whom such
immediately without further proceedings, unless the information or testimony is directed against.
penalty is death.
SECTION 35. Accessory Penalties
SECTION 32. Liability to a Person Violating Any
A person convicted under this Act shall be
Regulation Issued by the Board.
disqualified to exercise his/her civil rights such as
 PENALTY 6 MONTHS AND 1 DAY but not limited to, the rights of parental authority or
 A fine ranging from Ten thousand pesos guardianship, either as to the person or property of
(P10,000.00) to Fifty thousand pesos any ward, the rights to dispose of such property by
(P50,000.00) shall be imposed upon any any act or any conveyance inter vivos, and political
person found violating any regulation rights such as but not limited to, the right to vote
and be voted for. Such rights shall also be
SECTION 33. Immunity from Prosecution and suspended during the pendency of an appeal from
Punishment such conviction.
Article II of this Act as well as any violation of the
offenses mentioned if committed by a drug
syndicate, or any information leading to the ARTICLE III
whereabouts, identities and arrest of all of any of DANGEROUS DRUGS TEST AND RECORD
the members thereof; and who willingly testifies REQUIREMENTS
against such persons as described above, shall be SECTION 36. Authorized Drug Testing
exempted from prosecution or punishment for the
offense with reference to which his/her information Shall be done by any government forensic
of testimony were given, and may plead or prove laboratories accredited and monitored by the DOH
the giving of such information and testimony in bar to safeguard the quality of test results. Drug test
of such prosecution. certificates issued by accredited drug testing
centers shall be valid for a one-year period from the SECTION 38. Laboratory Examination or Test
date of issue on Apprehended/Arrested Offenders
A. Applicants for driver’s license. – No driver’s For violating the provisions of this Act shall be
license shall be issued or renewed to any subjected to screening laboratory examination or
person unless he/she presents a test within twenty-four (24) hours. If found to be
certification positive, the results of the screening laboratory
B. Applicants for firearm’s license and for examination or test shall be challenged within
permit to carry firearms outside of fifteen (15) days after receipt of the result
residence. – All applicants shall undergo a SECTION 39. Accreditation of Drug Testing
mandatory drug test Centers and Physicians
C. Students of secondary and tertiary schools.
– Shall, pursuant to the related rules and The DOH shall be tasked to license and accredit
drug testing centers in each province and city in
regulations as contained in the school’s
order to assure their capacity, competence,
student handbook that will undergo drug
integrity and stability. There shall be a control
testing. Under this Section will be borne by
regulations, licensing and accreditation division
the government. under the supervision of the DOH for this purpose.
D. Officers and employees of public and
private offices. – Domestic or overseas, SECTION 40. Records Required for
shall be subjected to undergo a random Transactions on Dangerous Drugs and
drug test. Any officer or employee found Precursors and Essential Chemicals
positive will dealt with suspension and A. Every pharmacist dealing in dangerous
termination. drugs and/or controlled precursors and
E. Officers and members of the military, police essential chemicals shall maintain and keep
and other law enforcement agencies. –shall an original record of sales, purchases,
undergo an annual mandatory drug test. acquisitions and deliveries of dangerous
F. All persons charged before the prosecutor’s drugs, indicating therein the following
office with a criminal offense having an information:
imposable penalty of imprisonment of not 1. License number and address of the
less than six (6) years and one (1) day shall pharmacist;
have to undergo a mandatory drug test. 2. Name, address and license of the
G. All candidates for public office whether manufacturer, importer or wholesaler
appointed or elected both in the national or from whom the dangerous drugs
local government shall undergo a have been purchased;
mandatory drug test. 3. Quantity and name of the dangerous
drugs purchased or acquired;
Those found to be positive for dangerous drugs use
4. Date of acquisition or purchase;
shall be subject to the provisions of Section 15 of
this Act. 5. Name, address and community tax
certificate number of the buyer;
SECTION 37. Issuance of False or Fraudulent 6. Serial number of the prescription
Drug Test Results and the name of the physician,
Any person authorized, licensed or accredited dentist, veterinarian.
under this Act and its implementing rules to conduct 7. Quantity and name of the dangerous
drug examination or test, shall suffer the penalty of drugs sold or delivered; and
imprisonment ranging from six (6) years and one 8. Date of sale or delivery.
(1) day to twelve (12) years and a fine ranging from  A certified true copy of such record covering
One hundred thousand pesos (P100,000.00) to a period of six (6) months, duly signed by
Five hundred thousand pesos (P500,000.00). the pharmacist. Pharmacy or chemical
establishment, shall be forwarded to the
Board within fifteen (15) days.
 To prescribe any dangerous drug shall For the purpose of enforcing the provisions of
issue the prescription therefor in one (1) Article II of this Act, all school heads, supervisors
original (2) duplicate copies, after the and teachers shall be deemed persons in authority
and, as such, are hereby empowered to
prescription has been filled, shall be
apprehend, arrest or cause the apprehension or
retained by the pharmacist for a period of arrest of any person who shall violate any of the
one (1) year from the date of sale or said provisions, pursuant to Section 5, Rule 113 of
delivery of such drug. One (1) copy shall be the Rules of Court.
retained by the buyer.

ARTICLE IV Any teacher or school employee, who discovers or


PARTICIPATION OF THE FAMILY, finds that any person in the school or within its
STUDENTS, TEACHERS AND SCHOOL immediate vicinity is liable for violating any of said
AUTHORITIES IN THE ENFORCEMENT OF THIS provisions, shall have the duty to report the same to
ACT the school head or immediate superior who shall, in
turn, report the matter to the proper authorities.
SECTION 41. Involvement of the Family
SECTION 45. Publication and Distribution of
The family being the basic unit of the Filipino Materials on Dangerous Drugs
society shall be primarily responsible for the
education and awareness. With the assistance of the Board, the Secretary of
the Department of Education (DepEd), the
Chairman of the Commission on Higher Education
SECTION 42. Student Councils and Campus (CHED) and the Director-General of the Technical
Organizations Education and Skills Development Authority
All elementary, secondary and tertiary schools’ (TESDA) shall cause the development, publication
student councils and campus organizations shall and distribution of information and support
include in their activities a program. educational materials on dangerous drugs to the
students, the faculty, the parents, and the
SECTION 43. School Curricula community.
Instruction on drug abuse prevention and control SECTION 46. Special Drug Education Center
shall be integrated in the elementary, secondary
and tertiary curricula of all public and private With the assistance of the Board, the Department
schools, whether general, technical, vocational or of Interior and Local Government (DILG), the
agro-industrial as well as in non-formal, informal National Youth Commission (NYC), and the
and indigenous learning systems. Such instructions Department of Social Welfare and Development
include: (DSWD) shall establish in each of its provincial
office a special education drug center for out-of-
1) Adverse effects of the abuse and misuse of school youth and street children. Such Center
dangerous drugs on the person, the family, the which shall be headed by the Provincial Social
school and the community; Welfare Development Officer shall sponsor drug
2) Preventive measures against drug abuse; prevention programs and activities and information
3) Health, socio-cultural, psychological, legal and campaigns with the end in view of educating the
economic dimensions and implications of the drug
out-of-school youth and street children regarding
problem;
the pernicious effects of drug abuse.
4) Steps to take when intervention on behalf of a
drug dependent is needed
5) Misconceptions about the use of dangerous ARTICLE V
drugs such as, but not limited to, the importance
PROMOTION OF A NATIONAL DRUG-FREE
and safety of dangerous drugs for medical and
WORKPLACE PROGRAM WITH THE
therapeutic use.
PARTICIPATION OF PRIVATE AND LABOR
SECTION 44. Heads, Supervisors, and Teacher SECTORS AND THE DEPARTMENT OF LABOR
of schools AND EMPLOYMENT
SECTION 47. Drug-Free Workplace assistance, such as but not limited to,
It is deemed a policy of the State to promote drug- seminars and information dissemination
free workplaces using a tripartite approach. With campaigns of the appropriate government
the assistance of the Board, the Department of and law enforcement agencies.
Labor and - 29 - Employment (DOLE) shall
develop, promote and implement a national drug ARTICLE VII
abuse prevention program in the workplace to be PARTICIPATION OF LOCAL GOVERNMENT
adopted by private companies with ten (10) or more
UNITS
employees. Such program shall include the
mandatory drafting and adoption of company
policies against drug use in the workplace in close SECTION 51. Local Government Units’
consultation and coordination with the DOLE, labor Assistance
and employer organizations, human resource - Local government units shall: appropriate a
development managers and other such private substantial portion of their respective annual
sector organizations. budgets to assist in or enhance the
enforcement of this Act giving priority to
SECTION 48. Guidelines for the National Drug-
preventive or educational programs and the
Free Workplace Program.
rehabilitation or treatment of drug
dependents.
The Board and the DOLE shall formulate the
necessary guidelines for the implementation of the
SECTION 52. Abatement of Drug Related Public
national drug-free workplace program. The amount
Nuisances
necessary for the implementation of which shall be
- Any place or premises which have been
included in the General Appropriations Act
used on two (2) or more occasions as the
site of the unlawful sale or delivery of
dangerous drugs may be declared to be a
ARTICLE VI
public nuisance, and such nuisance may be
PARTICIPATION OF THE PRIVATE AND LABOR
abated, pursuant to the following
SECTORS IN THE ENFORCEMENT OF THIS ACT
procedures:
 Any city or municipality may, by
ordinance, create an administrative
board to hear complaints regarding the
SECTION 49. Labor Organizations and the
nuisances
Private Sector
 Any employee, officer, or resident of the
All labor unions, federations, associations, or
city or municipality may bring a
organizations in cooperation with the respective
complaint before the Board after giving
private sector partners shall include in their
not less than three (3) days written
collective bargaining or any similar agreements,
notice of such complaint to the owner of
joint continuing programs and information
the place or premises at his/her last
campaigns for the laborers similar to the programs
known address
provided under Section 47 of this Act.
 After hearing in which the Board may
consider any evidence, including
ARTICLE VI
evidence of the general reputation of the
PARTICIPATION OF THE PRIVATE AND LABOR
place or premises, and at which the
SECTORS IN THE ENFORCEMENT OF THIS
owner of the premises shall have an
ACT
opportunity to present evidence in
his/her defense, the Board may declare
SECTION 50. Government Assistance
the place or premises to be a public
- The labor sector and the respective partners
nuisance.
may: pursuit of the programs mentioned in
the preceding section, secure the technical
SECTION 53. Effect of Board Declaration SECTION 55. Exemption from the Criminal
- If the Board declares a place or premises to Liability under the Voluntary Submission
be a public nuisance, it may declare an Program
order immediately prohibiting the conduct, - A drug dependent under the voluntary
operation, or maintenance of any business submission program, who is finally
or activity on the premises which is discharged from confinement, shall be
conducive to such nuisance. exempt from the criminal liability under
Section 15 of this Act subject to the
ARTICLE VIII following conditions:
PROGRAM FOR TREATMENT AND  Complied with the rules and regulations
REHABILITATION OF DRUG DEPENDENTS of the Center
 The applicable rules and regulations of
SECTIOM 54. Voluntary Submission of a Drug the Board, including the after-care and
Dependent to Confinement, Treatment and follow-up program for at least eighteen
Rehabilitation (18) months following temporary
- A drug dependent or any person who discharge from confinement in the
violates Section 15 of this Act may; Center
- Apply to the Board or its duly recognized  A dependent placed under the care of
representative, for treatment and the DOH-accredited physician, the after-
rehabilitation of the drug dependency. care program and follow-up schedule
- If the examination by a DOH-accredited formulated by the DSWD and approved
physician results in the issuance of a by the Board
certification that the applicant is a drug  Has never been charged or convicted of
dependent, he/she shall be ordered by the any offense punishable under this Act,
Court to undergo treatment and the Dangerous Drugs Act of 1972 or
rehabilitation in a Center designated by the Republic Act No. 6425, as amended, the
Board for a period of not less than six (6) Revised Penal Code, as amended, or
months: any special penal laws
- A drug dependent may be placed under the  No record of escape from a Center:
care of a DOH-accredited physician where escaped, surrendered by himself/herself
there is no Center near or accessible to the or through his/her parent, spouse,
residence of the drug dependent or where guardian or relative within the fourth
said drug degree of consanguinity or affinity,
- Dependent is below eighteen (18) years of within one (1) week from the date of the
age and is a first-time offender and non- said escape;
confinement in a Center will not pose a  He/she poses no serious danger to
serious danger to his/her family or the himself/herself, his/her family or the
community. community by his/her exemption from
- Confinement in a Center for treatment and criminal liability.
rehabilitation shall not exceed one (1) year,
after which time the Court, as well as the SECTION 56. Temporary Release from the
Board, shall be apprised by the head of the Center; After-care and Follow-up Treatment
treatment and rehabilitation Center of the under the Voluntary Submission Program
status of said drug dependent and - Upon certification of the Center that the
determine whether further confinement will drug dependent within the voluntary
be for the welfare of the drug dependent submission program may be temporarily
and his/her family or the community. released
- the Court shall order his/her release on
condition that said drug dependent shall
report to the DOH for after-care and follow- SECTION 59. Escape and Recommitment for
up treatment, including urine testing, for a Confinement and Rehabilitation under the
period not exceeding eighteen (18) months Voluntary Submission Program
under such terms and conditions that the - Should a drug dependent under the
Court may impose. voluntary submission program escape from
- If during the period of after-care and follow- the Center, he/she may submit
up, the drug dependent is certified to be himself/herself for recommitment within one
rehabilitated he/she may be discharged by (1) week therefrom, or his/her parent,
the Court, subject to the provisions of spouse, guardian or relative within the
Section 55 of this Act, without prejudice to fourth degree of consanguinity or affinity
the outcome of any pending case filed in may, within said period, surrender him for
court. recommitment, in which case the
- However, should the DOH find that during corresponding order shall be issued by the
the initial after-care and follow-up program Board.
of eighteen (18) months the drug dependent - Should the escapee fail to submit
requires further treatment and rehabilitation himself/herself or be surrendered after one
(1) week, the Board shall apply to the court
in the Center, shall be recommitted to the
for a recommitment order upon proof of
Center for confinement
previous commitment or his/her voluntary
- again be certified for temporary release and
submission by the Board, the court may
ordered released for another after-care and issue an order for recommitment within one
follow-up program pursuant to this Section. (1) week.
- If, subsequent to a recommitment, the
SECTION 57. Probation and Community dependent once again escapes from
Service under the Voluntary Submission confinement, he/she shall be charged for
Program violation of Section 15 of this Act and be
subjected under Section 61 of this Act,
A drug dependent who is discharged as either upon order of the Board or upon order
rehabilitated by the DOH-accredited Center of the court, as the case may be.
through the voluntary submission program,
but does not qualify for exemption from SECTION 60. Confidentiality of Records
criminal liability under Section 55 of this Act, Under the Voluntary Submission Program
may be charged under the provisions of this - Judicial and medical records of drug
Act, but shall be placed on probation and dependents under the voluntary submission
undergo a community service in lieu of program shall be confidential and shall not
imprisonment and/or fine in the discretion of be used against him for any purpose,
the court, without prejudice to the outcome except to determine how many times, by
of any pending case filed in court. himself/herself or through his/her parent,
SECTION 58. Filing of Charges Against a Drug spouse, guardian or relative within the
Dependent Who is Not Rehabilitated under the fourth degree of consanguinity or affinity,
Voluntary Submission Program he/she voluntarily submitted himself/herself
for confinement, treatment and rehabilitation
- A drug dependent, who is not rehabilitated or has been committed to a Center under
after the second commitment to the Center this program.
under the voluntary submission program,
shall, upon recommendation of the Board, SECTION 61. Compulsory Confinement of a
be charged for violation of Section 15 of this Drug Dependent Who Refuses to Apply
Act and prosecuted like any other offender. under the Voluntary Submission Program
If convicted, he/she shall be credited for the - Notwithstanding any law, rule and regulation
period of confinement and rehabilitation in to the contrary, any person determined and
the Center in the service of his/her sentence found to be dependent on dangerous drugs
shall, upon petition by the Board or any of to hear the petition. If the court finds him to
its authorized representative, be confined be a drug dependent, it shall order his/her
for treatment and rehabilitation in any commitment to a Center for treatment and
Center duly designated or accredited for the rehabilitation. The head of said Center shall
purpose. submit to the court every four (4) months, or
- A petition for the confinement of a person as often as the court may require, a written
alleged to be dependent on dangerous report on the progress of the treatment. If
drugs to a Center may be filed by any the dependent is rehabilitated, as certified
person authorized by the Board with the by the Center and the Board, he/she shall
Regional Trial Court of the province or city be returned to the court, which committed
where such person is found. him, for his/her discharge therefrom.
- After the petition is filed, the court, by an
SECTION 63. Prescription of the Offense
order, shall immediately fix a date for the
Charged Against a Drug Dependent Under
hearing, and a copy of such order shall be
the Compulsory Submission Program
served on the person alleged to be
dependent on dangerous drugs, and to the - The period of prescription of the offense
one having charge of him. charged against a drug dependent under
- If after such hearing and the facts so the compulsory submission program shall
warrant, the court shall order the drug not run during the time that the drug
dependent to be examined by two (2) dependent is under confinement in a Center
physicians accredited by the Board. If both or otherwise under the treatment and
physicians conclude that the respondent is rehabilitation program approved by the
not a drug dependent, the court shall order Board.
his/her discharge. If either physician finds - Upon certification of the Center that he/she
him to be a dependent, the court shall may temporarily be discharged from the
conduct a hearing and consider all relevant said Center, the court shall order his/her
evidence which may be offered. If the court release on condition that he/she shall report
finds him a drug dependent, it shall issue an to the Board through the DOH for after-care
order for his/her commitment to a treatment and follow-up treatment for a period not
and rehabilitation center under the exceeding eighteen (18) months under such
supervision of the DOH. In any event, the terms and conditions as may be imposed by
order of discharge or order of confinement the Board.
or commitment shall be issued not later than - If at anytime during the after-care and
fifteen (15) days from the filing of the follow-up period, the Board certifies to
appropriate petition. his/her complete rehabilitation, the court
shall order his/her final discharge from
SECTION 62. Compulsory Submission of a
confinement and order for the immediate
Drug Dependent Charged with an Offense to
resumption of the trial of the case for which
Treatment and Rehabilitation
he/she is originally charged. Should the
- If a person charged with an offense where Board through the DOH find at anytime
the imposable penalty is imprisonment of during the after-care and follow-up period
less than six (6) years and one (1) day, and that he/she requires further treatment and
is found by the prosecutor or by the court, at rehabilitation, it shall report to the court,
any stage of the proceedings, to be a drug which shall order his/her recommitment to
dependent, the prosecutor or the court as the Center.
the case may be, shall suspend all further
SECTION 64. Confidentiality of Records Under
proceedings and transmit copies of the
the Compulsory Submission Program
record of the case to the Board.
- A criminal case is pending in court, such The records of a drug dependent who was not
petition shall be filed in the said court. The rehabilitated, or who escaped but did not surrender
court shall take judicial notice of the prior himself/herself within the prescribed period, shall
proceedings in the case and shall proceed be forwarded to the court and their use shall be
determined by the court, taking into consideration If the accused first time minor offender under
public interest and the welfare of the drug suspended sentence complies with the applicable
dependent. rules and regulations of the Board, including
confinement in a Center, the court, upon a
SECTION 65. Duty of the Prosecutor in the
favorable recommendation of the Board for the final
Proceedings
discharge of the accused, shall discharge the
It shall be the duty of the provincial or the city accused and dismiss all proceedings.
prosecutor or their assistants or state prosecutors
Upon the dismissal of the proceedings against the
to prepare the appropriate petition in all
accused, the court shall enter an order to expunge
proceedings arising from this Act.
all official records, other than the confidential record
SECTION 66. Suspension of Sentence of a First- to be retained by the Department of Justice (DOJ)
Time Minor Offender relating to the case. He/she shall not be held
thereafter to be guilty of perjury or of concealment
An accused who is over fifteen (15) years of age at or misrepresentation by reason of his/her failure to
the time of the commission of the offense acknowledge the case or recite any fact related
mentioned in Section 11 of this Act, but not more thereto in response to any inquiry made of him for
than eighteen (18) years of age at the time when any purpose.
judgment should have been promulgated after
having been found guilty of said offense. may be SECTION 68. Privilege of Suspended Sentence
given the benefits of a suspended sentence, to be Availed of Only Once by a First-Time
subject to the following conditions: Minor Offender

a) He/she has not been previously convicted of The privilege of suspended sentence shall be
violating any provision of this Act, or of the availed of only once by an accused drug dependent
Dangerous Drugs Act of 1972, as amended, or of who is a first-time offender over fifteen (15) years of
the Revised Penal Code, or of any special penal age at the time of the commission of the violation of
laws; Section 15 of this Act but not more than eighteen
(18) years of age at the time when judgment should
b) He/she has not been previously committed to a have been promulgated.
center or to the care of a DOH-accredited
physician; and SECTION 69. Promulgation of Sentence for
First-Time Minor Offender
c) The Board favorably recommends that his/her
sentence be suspended. If the accused first-time minor offender violates any
of the conditions of his/her suspended sentence,
Upon recommendation of the Board, the court may the applicable rules and regulations of the Board
commit the accused under suspended sentence to exercising supervision and rehabilitative
a Center, or to the care of a DOH-accredited surveillance over him, including the rules and
physician for at least six (6) months, with after-care regulations of the Center should confinement be
and follow-up program for not more than eighteen required, the court shall pronounce judgment of
(18) months. conviction and he/she shall serve sentence as any
In the case of minors under fifteen (15) years of other convicted person.
age at the time of the commission of any offense SECTION 70. Probation or Community Service
penalized under this Act, Article 192 of Presidential for a First-Time Minor Offender in Lieu of
Decree No. 603, otherwise known as the Child and Imprisonment
Youth Welfare Code, as amended by Presidential
Decree No. 1179 shall apply, without prejudice to Upon promulgation of the sentence, the court may,
the application of the provisions of this Section. in its discretion, place the accused under probation,
even if the sentence provided under this Act is
SECTION 67. Discharge After Compliance with higher than that provided under existing law on
Conditions of Suspended Sentence of a First- probation, or impose community service in lieu of
Time Minor Offender imprisonment.
* Upon compliance with the conditions of the economic status of the family of the person
probation, the Board shall submit a written report to confined.
the court recommending termination of probation
SECTION 75. Treatment and Rehabilitation
and a final discharge of the probationer, whereupon
Centers
the court shall issue such an order.
 The existing treatment and
* If the sentence promulgated by the court requires
rehabilitation centers for drug dependents
imprisonment, the period spent in the Center by the operated and maintained by the NBI and the
accused during the suspended sentence period PNP shall be operated, maintained and
shall be deducted from the sentence to be served. managed by the DOH in coordination with
other concerned agencies.

SECTION 71. Records to be kept by the SECTION 76. The Duties and Responsibilities of
Department of Justice the Department of Health (DOH) under this Act

 The DOJ shall keep a confidential The Department of Health shall:


record of the proceedings on suspension of 1. Oversee and monitor the integration,
sentence and shall not be used for any coordination and supervision of all drug
purpose other than to determine whether or rehabilitation, intervention, after-care and
not a person accused under this Act is a follow-up programs, projects and activities
first-time minor offender. 2. License, accredit, establish and
maintain drug test network and laboratory,
SECTION 72. Liability of a Person Who Violates
initiate, conduct and support scientific
the Confidentiality of Records
research on drugs and drug control;
 The penalty of imprisonment ranging 3. Encourage, assist and accredit
from 6 months and on1 day to 6 years and a private centers, promulgate rules and
fine ranging from P1,000.00 to P6,000.00, regulations setting minimum standards for
shall be imposed upon any person who, their accreditation to assure their
having official custody of or access to the competence, integrity and stability;
confidential records of any drug dependent 4. Prescribe and promulgate rules and
under voluntary submission programs. regulations governing the establishment of
such centers as it may deem necessary
SECTION 73. Liability of a Parent, Spouse or after conducting a feasibility study.
Guardian Who Refuses to Cooperate with the 5. Charge reasonable fees for drug
Board or any Concerned Agency dependency examinations, other medical
and legal services provided to the public,
 Any parent, spouse or guardian who, which shall accrue to the Board.
without valid reason, refuses to cooperate
with the Board or any concerned agency in
the treatment and rehabilitation of a drug
dependent who is a minor, or in any ARTICLE IX DANGEROUS DRUGS BOARD AND
manner, prevents or delays the after-care, PHILIPPINE DRUG ENFORCEMENT AGENCY
follow-up or other programs for the welfare SECTION 77. The Dangerous Drugs Board
of the accused drug dependent,.
 The Board shall be the policy-
SECTION 74. Cost-Sharing in the Treatment and making and strategy-formulating body in the
Rehabilitation of a Drug Dependent planning and formulation of policies and
programs on drug prevention and control.
 The parent, spouse, guardian or any
relative within the fourth degree of SECTION 78. Composition of the Board
consanguinity of any person who is confined
under the voluntary submission program or  The Board shall be composed of 17
compulsory submission program shall be members wherein 3 of which are permanent
charged a certain percentage of the cost of members, the other 12 members shall be in
his/her treatment and rehabilitation, the an exofficio capacity and the 2 shall be
guidelines of which shall be formulated by regular members.
the DSWD taking into consideration the
All members of the Board as well as its permanent (f) Conduct continuing seminars for, and
consultants shall receive a per diem for every consultations with, and provide information
meeting actually attended subject to the pertinent materials to judges and prosecutors in
budgetary laws, rules and regulations on coordination with the Office of the Court
compensation, honoraria and allowances. Administrator, in the case of judges;
SECTION 79. Meetings of the Board
(g) Design special trainings in order to
The Board shall meet once a week or as often as provide law enforcement officers, members
necessary at the discretion of the Chairman or at of the judiciary, and prosecutors, school
the call of any four (4) other members. The authorities and personnel of centers with
knowledge and know-how in dangerous
presence of nine (9) members shall constitute a
drugs and/or controlled precursors and
quorum.
essential chemicals control in coordination
SECTION 80. Secretariat of the Board with the Supreme Court to meet the
objectives of the national drug control
The Board shall recommend to the President of the programs;
Philippines the appointment of an Executive
Director, with the rank of an undersecretary. He/she (h) Design and develop, in consultation and
must possess adequate knowledge, training and coordination with the DOH, DSWD and
experience in the field of dangerous drugs, and in other agencies involved in drugs control,
any of the following fields: law enforcement, law, treatment and rehabilitation, both public and
medicine, criminology, psychology or social work. private, a national treatment and
rehabilitation program for drug dependents
including a standard aftercare and
SECTIO N 81. Powers and Duties of the Board
community service program for recovering
drug dependents;
The Board shall:
(i) Design and develop, jointly with the
(a) Formulate, develop and establish a DOLE and in consultation with labor and
comprehensive, integrated, unified and employer groups as well as nongovernment
balanced national drug use prevention and organizations a drug abuse prevention
control strategy; program in the workplace that would include
a provision for employee assistance
(b) Promulgate such rules and regulations programs for emotionally-stressed
as may be necessary to carry out the employees;
purposes of this Act, including the manner
of safekeeping, disposition, burning or (j) Initiate and authorize closure
condemnation of any dangerous drug; proceedings against non-accredited and/or
substandard rehabilitation centers based on
(c) Conduct policy studies, program verified reports of human rights violations,
monitoring and evaluations and other subhuman conditions, inadequate medical
researches on drug prevention, control and training and assistance and excessive fees
enforcement; for implementation by the PDEA;

(d) Initiate, conduct and support scientific, (k) Prescribe and promulgate rules and
clinical, social, psychological, physical and regulations governing the establishment of
biological researches on dangerous drugs such centers, networks and laboratories as
and dangerous drugs prevention and control deemed necessary after conducting a
measures; feasibility study in coordination with the
DOH and other government agencies;
(e) Develop an educational program and
information drive on the hazards and (l) Receive, gather, collect and evaluate all
prevention of illegal use of any dangerous information on the importation, exportation,
drug; production, manufacture, sale, stocks,
seizures of and the estimated need for any
dangerous drug and/or;
(m) Gather and prepare detailed statistics controlled precursors and essential
on the importation, exportation, chemicals;
manufacture, stocks, seizures of and
estimates need for any dangerous drug (t) Recommend the revocation of the
and/or controlled precursors and essential professional license of any practitioner who
chemicals and such other statistical data on knowingly participates in, or consents to,
said drugs as may be periodically required tolerates, or abets the commission of the act
by the United Nations Narcotics Drug of violations as indicated in the preceding
Commission, the World Health Organization paragraph, all without prejudice to the
and other international organizations in criminal prosecution of the person
consonance with the country's international responsible for the said violation;
commitments;
(u) Appoint such technical, administrative
(n) Develop and maintain international and other personnel as may be necessary
networking coordination with international for the effective implementation of this Act,
drug control agencies and organizations, subject to the Civil Service Law and its rules
and implement the provisions of and regulations;
international conventions and agreements
thereon which have been adopted and (v) Establish a regular and continuing
approved by the Congress of the consultation with concerned government
Philippines; agencies and medical professional
organizations to determine if balance exists
(o) Require all government and private in policies, procedures, rules and
hospitals, clinics, doctors, dentists and other regulations on dangerous drugs and to
practitioners to submit a report to it, in provide recommendations on how the lawful
coordination with the PDEA, about all use of dangerous drugs can be improved
dangerous drugs and/or controlled and facilitated; and
precursors and essential chemicals-related
cases to which they have attended for (w) Submit an annual and periodic reports
statistics and research purposes; to the President, the Congress of the
Philippines and the Senate and House of
(p) Receive in trust legacies, gifts and Representatives committees concerned as
donations of real and personal properties of may be required from time to time, and
all kinds; perform such other functions as may be
authorized or required under existing laws
(q) Issue guidelines as to the approval or and as directed by the President
disapproval of applications for voluntary himself/herself or as recommended by the
treatment, rehabilitation or confinement, congressional committees concerned.
wherein it shall issue the necessary
guidelines, rules and regulations pertaining SECTION 82. Creation of the Philippine Drug
to the application and its enforcement; Enforcement Agency (PDEA)

(r) Formulate guidelines, in coordination To carry out the provisions of this Act, the PDEA,
with other government agencies, the which serves as the implementing arm of the
importation, distribution, production, Board, and shall be responsible for the efficient and
manufactured and held in stock at any given effective law enforcement of all the provisions on
time by authorized importer, manufacturer any dangerous drug and/or controlled precursor
or distributor of such drugs; and essential chemical as provided in this Act.

(s) Develop the utilization of a controlled SECTION 83. Organization of the PDEA


delivery scheme in addressing the
transshipment of dangerous drugs into and The present Secretariat of the National Drug Law
out of the country to neutralize transnational Enforcement and Prevention Coordinating Center
crime syndicates involved in illegal as created by Executive Order No. 61 shall be
trafficking of any dangerous drugs and/or accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be (g) Recommend to the DOJ the forfeiture of
responsible for the necessary changes in the properties and other assets of persons
organizational set-up which shall be submitted to and/or corporations found to be violating the
the Board for approval. provisions of this Act and in accordance
with the pertinent provisions of the Anti-
SECTION 84. Powers and Duties of the PDEA Money-Laundering Act of 2001;

The PDEA shall: (h) Prepare for prosecution or cause the


filing of appropriate criminal and civil cases
(a) Implement or cause the efficient and for violation of all laws on dangerous drugs,
effective implementation of the national drug controlled precursors and essential
control strategy formulated by the Board chemicals, and other similar controlled
thereby carrying out a national drug substances, and assist, support and
campaign program which shall include drug coordinate with other government agencies
law enforcement, control and prevention for the proper and effective prosecution of
campaign with the assistance of concerned the same;
government agencies;
(i) Monitor and if warranted by
(b) Undertake the enforcement of the circumstances, in coordination with the
provisions of Article II of this Act relative to Philippine Postal Office and the Bureau of
the unlawful acts and penalties involving Customs, inspect all air cargo packages,
any dangerous drug and/or controlled parcels and mails in the central post office,
precursor and essential chemical and which appear from the package and
investigate all violators and other matters address itself to be a possible importation of
involved in the commission of any crime dangerous drugs and/or controlled
relative to the use, abuse or trafficking of precursors and essential chemicals, through
any dangerous drug and/or controlled on-line or cyber shops via the internet or
precursor and essential chemical as cyberspace;
provided;
(j) Conduct eradication programs to destroy
(c) Administer oath, wild or illegal growth of plants from which
issue subpoena and subpoena duces dangerous drugs may be extracted;
tecum relative to the conduct of
investigation involving the violations of this (k) Initiate and undertake the formation of a
Act; nationwide organization which shall
coordinate and supervise all activities
(d) Arrest and apprehend as well as search against drug abuse in every province, city,
all violators and seize or confiscate, the municipality and barangay with the active
effects or proceeds of the crimes as and direct participation of all such local
provided by law and take custody thereof; government units and nongovernmental
organizations, including the citizenry,
(e) Take charge and have custody of all subject to the provisions of previously
dangerous drugs and/or controlled formulated programs of action against
precursors and essential chemicals seized, dangerous drugs;
confiscated or surrendered to any national,
provincial or local law enforcement agency, (l) Establish and maintain a national drug
if no longer needed for purposes of intelligence system in cooperation with law
evidence in court; enforcement agencies, other government
agencies/offices and local government units
(f) Establish forensic laboratories in each that will assist in its apprehension of big-
PNP office in every province and city in time drug lords;
order to facilitate action on seize or
confiscated drugs, thereby hastening its (m) Establish and maintain close
destruction without delay; coordination, cooperation and linkages with
international drug control and administration
agencies and organizations, and implement
the applicable provisions of international they shall continue with the performance of their
conventions and agreements related to task as detail service with the PDEA, subject to
dangerous drugs to which the Philippines is screening, until such time that the organizational
a signatory; structure of the Agency is fully operational and the
number of graduates of the PDEA Academy is
(n) Create and maintain an efficient special sufficient to do the task themselves
enforcement unit to conduct an
investigation, file charges and transmit
evidence to the proper court, wherein
members of the said unit shall possess
suitable and adequate firearms for their ARTICLE X
protection in connection with the APPROPRIATIONS, MANAGEMENT OF FUNDS
performance of their duties:  AND ANNUAL REPORT
SECTION 87. Appropriations
(o) Require all government and private
hospitals, clinics, doctors, dentists and other The amount necessary for the operation of the
practitioners to submit a report to it, in Board and the PDEA shall be charged against the
coordination with the Board, about all current year’s appropriation for the continuing
dangerous drugs and/or controlled
implementation of this Act.
precursors and essential chemicals which
they have attended to for data and Constituted as a special account in the general
information purposes; fund:

(p) Coordinate with the Board for the  All receipts and other income authorized and
facilitation of the issuance of necessary imposed in this Act, including 10% of all
guidelines, rules and regulations for the unclaimed and forfeited sweepstakes and lotto
proper implementation of this Act; prizes but not less than P12,000,000 per year
from the PCSO shall be turned over to the
(q) Initiate and undertake a national Board within 30 days
campaign for drug prevention and drug  No amount shall be disbursed to cover the
control programs, operating expenses of the Board and other
agencies
(r) Submit an annual and periodic reports to  At least 50% of all the funds shall be reserved
the Board as may be required from time to
for assistance to government-operated
time,.
rehabilitation centers.
 The fines shall be remitted to the Board by the
SECTION 85. The PDEA Academy
court within 30 days from the finality of its
Upon the approval of the Board, the PDEA decisions.
Academy shall be established either in Baguio or Establishing and maintaining operations
Tagaytay City. The PDEA Academy shall be adequate drug rehabilitation centers in the
responsible in the recruitment and training of all
country:
PDEA agents and personnel. The Board shall
provide for the qualifications and requirements of its  Shall be taken from the 50% share of the
recruits who must be at least twenty-one (21) years National Government in the income of
old, of proven integrity and honesty and a PAGCOR in the amount of P 5 000 000 a
Baccalaureate degree holder. month
 Remitted automatically by PAGCOR to the
SECTION 86. Transfer, Absorption, and
Board
Integration of All Operating Units on Illegal
 The amount shall be disbursed by the
Drugs into the PDEA and Transitory Provisions
Dangerous Drugs Board, subject to the
The Narcotics Group of the PNP, the Narcotics rules and regulation of COA
Division of the NBI and the Customs Narcotics SECTION 88. Management of Funds under this
Interdiction Unit are hereby abolished; however Act; Annual Report by the Board and PDEA
The Chairman of the Board shall submit to the Officials and Employees in Testifying as
President of the Philippines and to the presiding Prosecution Witnesses in Dangerous Drugs
officers of both houses of Congress within 15 Cases
days from the opening of the regular session, an
Imprisonment of not less than 12 years and 1
annual report on the dangerous drugs situation in
day to 20 years and a fine of not less than
the country.
P500,000
SECTION 89. Auditing the Accounts and
 Any member of law enforcement agencies
Expenses of the Board and PDEA
or any other government official and
All accounts and expenses of the Board and PDEA employee who fails to appear as a witness
shall be audited by the Commission on Audit or for the prosecution in any proceedings
its duly authorized representative. involving violations of this Act, without any
valid reason, shall be punished
Imprisonment of not less than 2 months and 1
ARTICLE XI
day but not more than 6 years and a fine of not
JURISDICTION OVER DANGEROUS DRUGS
less than P10,000 but not more than P50,000
CASES
 Immediate superior of the member of the
SEC. 90. Jurisdiction.
law enforcement agency or any other
The Supreme Court shall designate special government employee mentioned shall be
courts from among the existing Regional Trial penalized
Courts in each judicial region to exclusively try and  In addition, perpetual absolute
hear cases involving violations of this Act. disqualification from public office

The Department of Justice shall designate


special prosecutors to exclusively handle cases
Penalized with imprisonment of not less than 2
involving violations of this Act.
months and 1 day but not more than 6 years
The preliminary investigation of cases filed and a fine of not less than P10,000 but not more
under this Act shall be terminated within a period of than P50,000
30 days from the date of their filing.
 Failure to notify the court of such order
 When the preliminary investigation is to re-assign
conducted by a public prosecutor and a  The immediate superior shall notify the
probable cause is established, the court where the case is pending of the
corresponding information shall be filed in order to transfer or re-assign, within 24
court within 24 hours from the termination hours from its approval.
of the investigation.
SECTION 92. Delay and Bungling in the
 If the preliminary investigation is conducted
Prosecution of Drug Cases.
by a judge and a probable cause is found
to exist, the corresponding information shall Any government officer or employee tasked
be filed by the proper prosecutor within with the prosecution of drug-related cases under
48 hours from the date of receipt of the this Act, who, through patent laxity, inexcusable
records of the case. neglect, unreasonable delay or deliberately causes
 Trial of the case under this Section shall be the unsuccessful prosecution and/or dismissal of
finished by the court not later than 60 days the said drug cases, shall suffer the penalty of
from the date of the filing of the information. imprisonment ranging from 12 years and 1 day
 Decision on said cases shall be rendered to 20 years without prejudice to his/her prosecution
within a period of 15 days from the date of under the pertinent provisions of the Revised Penal
submission of the case for resolution. Code.
SECTION 91. Responsibility and Liability of Law
Enforcement Agencies and other Government
SECTION 93. Reclassification, Addition or
Removal of Any Drug from the List of The Committee shall be headed by the respective
Dangerous Drugs Chairpersons of the Senate Committee on Public
Order and Illegal Drugs and the House of
The Board shall have the power to
Representatives Committee on Dangerous Drugs.
reclassify, add to or remove from the list of
dangerous drugs. Proceedings to reclassify, add, or
remove a drug or other substance may be initiated
by the PDEA, the DOH, or by petition from any
SECTION 96. Powers and Functions of the
interested party.
Oversight Committee
The Board shall also take into accord the
obligations and commitments to international The Oversight Committee on Dangerous Drugs
treaties, conventions and agreements to which the shall, in aid of legislation, perform the following
Philippines is a signatory. functions, among others:
a) To set the guidelines and overall framework
The Dangerous Drugs Board shall give to monitor and ensure the proper
notice to the general public of the public hearing of implementation of this Act;
the reclassification, addition to or removal from the b) To ensure transparency and require the
list any drug by publishing such notice in any submission of reports from government
newspaper of general circulation once a week agencies concerned on the conduct of
for 2 weeks. programs, projects and policies relating to
the implementation of this Act;
ARTICLE XII c) To approve the budget for the programs of
IMPLEMENTING RULES AND the Oversight Committee on Dangerous
REGULATIONS Drugs and all disbursements therefrom,
including compensation of all personnel;
SECTION 94. Implementing Rules and d) To submit periodic reports to the President
Regulations of the Philippines and Congress on the
implementation of the provisions of this Act;
The present Board in consultation with the
e) To determine inherent weaknesses in the
DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP,
law and recommend the necessary remedial
NBI, PAGCOR and the PCSO and all other
legislation or executive measures; and
concerned government agencies shall promulgate
e) To perform such other duties, functions and
within 60 days the Implementing Rules and
responsibilities as may be necessary to
Regulations that shall be necessary to implement
effectively attain the objectives of this Act.
the provisions of this Act.
SECTION 97. Adoption of Committee Rules and
Regulations, and Funding
ARTICLE XIII
FINAL PROVISIONS The Oversight Committee on Dangerous Drugs
shall adopt its internal rules of procedure, conduct
SECTION 95. Congressional Oversight hearings and receive testimonies, reports, and
Committee technical advice, invite or summon by subpoena ad
testificandum any public official, private citizen, or
Composed of seven (7) Members from the Senate any other person to testify before it, or require any
and seven (7) Members from the House of person by subpoena duces tecum documents.
Representatives. The Members from the Senate  Shall be assisted by a secretariat to be
shall be appointed by the Senate President based composed by personnel who may be
on coalitions therein with at least two (2) Senators seconded from the Senate and the House of
representing the Minority while from the House of Representatives and may retain
Representatives shall be appointed by the Speaker, consultants.
at least two (2) members representing the Minority.
 The initial sum of Twenty-five million pesos Secretary General
(P25,000,000.00) shall be charged against OSCAR G. YABES Secretary of
the current appropriations of the Senate. the Senate House of Representatives
 The Oversight Committee on Dangerous
Drugs shall exist for a period of ten (10) Approved:
years from the effectivity of this Act and may GLORIA MACAPAGAL-ARROYO
be extended by a joint concurrent President of the Philippines
resolution.

SECTION 98. Limited Applicability of the


Revised Penal Code

Notwithstanding any law, the provisions of the


Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act except
for minors, the penalty for acts punishable by life
imprisonment to death provided herein shall be
reclusion perpetua to death.

SECTION 99. Separability Clause


This Act shall not be affected by such declaration
and shall remain in force and effect.

SECTION 100. Repealing Clause


Republic Act No. 6425, as amended, is hereby
repealed and all other laws ( administrative orders,
rules and regulations) are hereby repealed or
modified accordingly.

SECTION 101. Amending Clause


Republic Act No. 7659 is hereby amended
accordingly.

SECTION 102. Effectivity


This Act shall take effect fifteen (15) days upon its
publication in at least two (2) national newspapers
of general circulation.

Approved.
JOSE DE VENECIA
Speaker of the House
FRANKLIN M. DRILON
President of the Senate Of Representatives

This Act, which is a consolidation of Senate Bill


No. 1858 and House Bill No. 4433 was finally
passed by the Senate and the House of
Representatives on May 30, 2002.

ROBERTO P. NAZARENO

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